• DV case and divorce

My wife filed divorce case against me and hearings are going on. its not been a year to our marriage yet hence i cant file divorce but wait for a year to complete.

My questions are:

1) if i got the divorce will the DV case hearings be still continue or it will end along with divorce decree.

2) can i file defamation and mental cruelty case against her for false case

3) How long would it take for divorce to be granted?

4) Will i be keep attending divorce and DV cases hearing at the until its keep running?
Asked 10 months ago in Family Law
Religion: Hindu

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9 Answers

DV case will continue as it was filed prior to divorce 

 

2) you are at liberty to file defamation case against your wife 

 

3) disposal depends upon pendency of cases 

 

4) personal presence is not necessary on all  dates 

Ajay Sethi
Advocate, Mumbai
94750 Answers
7540 Consultations

5.0 on 5.0

It is correct that you cannot file divorce case before completion of one year from date of marriage but case for annulment can be filed if grounds so exist. 

1. Yes, both cases are different and distinct. 

2. Yes only if you get acquitted. 

3. Minimum three years however maximum cannot be predicted. In case of mutual divorce minimum six months. 

4. In DV case - Yes. In divorce case - As and when required. In divorce case you are not required to attend the case on each and every hearing. 

 

Siddharth Srivastava
Advocate, Delhi
1246 Answers

5.0 on 5.0

1. They will continue, but you may try getting them closed by way of producing/submitting the divorce decree in the DV Court.

 

2. makes no sense, rather contest the frivolous cases filed by her first, and get them dismissed.

 

3. Depends, on how vigorously they are contested. They sometimes go on for years in Indin Courts.

4. Yes, you through your lawyer. 

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

Dear Client,

  1. If you get a divorce, the DV case hearings will not automatically end. The court will need to decide whether the DV allegations are true, and whether the wife is entitled to any relief under the Domestic Violence Act. If the court finds that the wife has been subjected to domestic violence, it may order you to pay compensation, provide maintenance, or grant her a residence order.

  2. Yes, you can file a defamation and mental cruelty case against your wife for filing a false DV case against you. Defamation is the act of making false statements about someone that damage their reputation. Mental cruelty is the intentional infliction of emotional distress on someone. If you can prove that your wife filed the DV case against you knowing that it was false, and that she did so in order to harm you, you may be able to win a defamation and mental cruelty case against her.

  3. The length of time it takes to get a divorce varies depending on the facts of the case. If there are no children or property to divide, and the parties are in agreement about the terms of the divorce, it may be possible to get a divorce in a few months. However, if there are children or property involved, or if the parties are not in agreement about the terms of the divorce, it may take several years to get a divorce.

  4. Yes, you will need to attend the hearings for both the divorce case and the DV case until they are both concluded. The court may issue a warrant for your arrest if you fail to appear at a hearing.

 

Anik Miu
Advocate, Bangalore
8901 Answers
110 Consultations

4.7 on 5.0

1. It will continue because it was initiated by her when you both were still married.

2. First you prove that it is a false case and then think about filing the proposed defamation case.

3. It may take years, time taken for disposal cannot be predicted.

4. Yes

T Kalaiselvan
Advocate, Vellore
84948 Answers
2198 Consultations

5.0 on 5.0

1. The DV case will continue even after getting the divorce 

2. Only after getting the order on your behalf , you can file the complaint under the mental cruelty. 

3. Depend upon the burden of the court 

4. Yes. 

- If you will not appear before the court on the date of hearing physically or through an advocate , then the court may pass ex-parte decree after accepting her cases. 

Mohammed Shahzad
Advocate, Delhi
13246 Answers
198 Consultations

5.0 on 5.0

Only after your acquittal you can file the same against her

Prashant Nayak
Advocate, Mumbai
31954 Answers
179 Consultations

4.1 on 5.0

1. It is independent and shall continue provided if the issues are settled permanently. 

2. Waste

3. Go for mutual. Maximum 6 monhs

4. Yes. But your counsel can defend.

Rajaganapathy Ganesan
Advocate, Chennai
2132 Answers
8 Consultations

4.9 on 5.0

No Domestic Violence Case after Divorce as no Relationship remains.

Yes within 2 years. 

contested divorce takes long time. 

You can be represented through an advocate. 

Yogendra Singh Rajawat
Advocate, Jaipur
22643 Answers
31 Consultations

4.4 on 5.0

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